Matter of Schlossberg

Summary

The New York Supreme Court, Appellate Division, First Department approved a discipline-by-consent motion concerning Aaron M. Schlossberg's abusive and discriminatory conduct at a Manhattan delicatessen. The court publicly censured Schlossberg under New York Rule of Professional Conduct 8.4(h) and ordered two audio-visual recordings sealed.

Holdings

1. The parties' joint motion for discipline by consent was granted, and respondent's stipulated conduct was treated as professional misconduct adversely reflecting on his fitness as a lawyer in violation of New York Rule of Professional Conduct 8.4(h).
2. Public censure was an appropriate sanction for respondent's misconduct under the circumstances.
3. The court granted the cross motion to the extent of sealing the two audio-visual recordings attached as Exhibit A to the petition of charges.

Questions Presented

1. Whether the parties' stipulated facts and conditional admissions established professional misconduct warranting discipline by consent.
2. Whether a public censure was an appropriate sanction under the circumstances.
3. Whether the respondent's audio-visual recordings of the incident should be sealed because of documented threats to his safety and the cumulative nature of the recordings.

Disposition

other